Texas Senate Bill SB2233

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/27/09
• Voted on by Senate: 5/1/09
• Out of House Committee: 5/22/09

Caption

Relating to the regulation of debt management service providers and a study regarding the business of consumer debt settlement.

Impact

If enacted, SB2233 would significantly amend the existing laws governing debt management services by instituting stricter oversight mechanisms. Providers would be required to register, maintain surety bonds, and adhere to specific requirements to ensure ethical practices in settling debts for consumers. This could bolster consumer confidence in debt management services and reduce incidents of fraud, as providers would be held accountable under state law for their conduct and reporting. Furthermore, the administrator would have the authority to take enforcement actions against violators, enhancing consumer protection.

Summary

SB2233, titled the Uniform Debt Management Services Act, aims to enhance the regulation of debt management service providers in Texas. The bill establishes comprehensive definitions and guidelines for providers offering debt management services to consumers. Among the key provisions are stipulations regarding the charging of fees, ensuring maximum caps on certain charges, and mandatory disclosure of information to consumers regarding their agreements. The aim is to increase transparency and fairness in the debt settlement process while protecting vulnerable consumers from predatory practices.

Contention

Notably, the bill has drawn attention due to provisions that limit the amount debt management service providers can charge consumers. Critics argue that these caps could unreasonably restrict the operational viability of smaller firms in the industry, leading to fewer choices for consumers seeking assistance. Supporters counter that these measures are necessary to prevent exploitation and ensure that individuals struggling with debt receive affordable help. As the bill progresses through the legislature, further discussions around the balance between consumer protection and business viability are expected.